Excerpt: ... l. Background Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2016 or 2017 Plaintiff began working for Defendant as a caregiver for adults with intellectual disabilities at a facility known as Sunset Community Home aka Sunset House (hereinafter "Sunset House"). (UMF 1-2; Plaintiff's undisputed Addit...

Excerpt: ... a superior court judge, Defendant Stephen Foley ("Judge Foley") was a commissioner of the Santa Barbara County Superior Court who presided over restraining order proceedings and issued a temporary restraining order against Plaintiff. Judge Foley demurs on the grounds that the Complaint is barred by absolute judicial immunity", is barred by plaintiff's failure to timely comply with the claim presentation requirements set forth in the Government C...

Excerpt: ...sale of an allegedly defective off-road vehicle. On October 6, 2022, this Court sustained in part and overruled in part Defendants' demurrer to and motion to strike the complaint. The operative complaint is the second amended complaint (SAC), filed January 18, 2023. Now before the Court is Honda's demurrer to the SAC. Honda demurs to Plaintiff's sixth cause of action for violation of Business and Professions Code section 17200 et seq. on the basi...

Excerpt: ...ration); and Steve's ATV. The lawsuit centers around a September 6, 2021, accident in Pismo Beach that injured De Muhoz. On this date, De Muhoz was a front seat passenger in a Polaris RZR, a type of utlity vehicle (UTV), the Subject Vehicle. The Subject Vehicle is a 2010 Polaris RZR S 800, a side-by- side UT'v' designed for recreational use such as off-roading. Plaintiffs allege the Subject Vehicle was owned by Steve's ATV and was designed, manuf...

Excerpt: ...or Production of Documents, Set One ("RFP"); Form Interrogatories, Set One ("Form Interrogatories"); and Special Interrogatories, Set One ("Special Interrogatories"). Plaintiff served objections to the RFP and Special Interrogatories and objections to many of the Form Interrogatories. 1 On November 3, 2022, the Court granted Plaintiff's counsel's motion to be relieved as counsel. Cannon attempted to meet and confer with Plaintiff and her former c...

Excerpt: ...ed to pay. On October 21, 2022, Plaintiff filed this action against Defendant for Declaratory and Injunctive Relief, Breach of Contract, Negligence, and Breach of Fiduciary Duty. Plaintiff filed the subject motion seeking preference pursuant to Code of Civil Procedure section 36, subdivision (a), which provides that "[a] partyto a civil achon who is over 70 years of age may petition the court for a preference, which the court shall grant if the c...

Excerpt: ...r 7, 2018, Plaintiffs' son, Jordon Grant (Jordan), was riding his motorcycle southbound on Highway 101, when Richard Giuli, who was driving eastbound on El Campo Road, made a left turn onto the highway. Mr. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. In the first amended complaint, Plaintiffs assert a single cause of action against the County for Dangerous Condition of Public Property under Government Cod...

Excerpt: ...eys, several individuals, and a Santa Barbara County Superior Court Judge ("the Complaint"). Four demurrers filed by the following defendants are at issue: 1. City of Santa Barbara and its employees sued in this case (collectively referred to as "City Defendants"); 2. Attorney Gabriela Ferreira ("Ferreira"); 3. Lisa Ann O'Niahll ("O'Niahll"); 4. Attorney Christopher E. Haskell ("Haskell") All the demurrers are brought on the grounds that the Comp...

Excerpt: ...te concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) l. FACTUAL BACKGROUND Plaintiffs are the owners of real property located at 5255 Cascabel Road in Atascadero (the Property). Priorto Plaintiffs' ownership, the Property was owned by Darren Thomas (Thomas). In September 2007, Thomas a...

Excerpt: ... of Civil Procedure section 2023.040. Defendants contend that Plaintiffs served a non-complaint Supplemental Designation of Experts that included admissions that it was intended as a placeholder. Defendants seek an order striking the supplemental designation, a sanction order prohibiting introduction of expert testimony by Plaintiffs at trial (aside from rebuttal testimony) and monetary sanctions against counsel for Plaintiffs payable to Defendan...

Excerpt: ...l Defendant to prov-de further discovery responses and to have requests for admissions deemed admitted. No opposition has been filed. The specific discovery at issues is as follows: 1. Plaintiff's Form Interrogatories, Set One, ("Form Interrogatories") interrogatory numbers 2.1, 2.2, 2.3, 2.5, 2.5, 2.7, 2.8, 2.9, 2.10, 17.1, 50.1, and 50.6; 2. Plaintiff's Special Interrogatories, Set One, ("Special Interrogatories") interrogatory numbers 5 and 6;...

Excerpt: ...assaulted her while giving her a massage. When questioned by Defendant, Denneen admitted Plaintiff's allegations and was fired. Denneen had worked for Defendant for fifteen years and three customers had complained about Denneen's odd behavior. Plaintiff alleges that Defendant knew or should have known of Denneen's propensity to act inappropriately, and to commit acts of sexual misconduct but breached its duty of care to warn and protect its patro...

Excerpt: ... Lab. Code, S 2698, et seq.). Plaintiff reports the matter has settled and moves for preliminary approval of the Stipulation of Settlement (the Agreement). (Code Civ. Proc„ S 382, Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel as class coun...

Excerpt: ...nder), John Robinson (Robinson), and Joseph Seither (Seither).l The individual defendants are members of the EHHOA board, and are named as defendants in the complaint's first and fifth causes of action (breach of fiduciary duty and gross negligence, respectively). Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo, California. The parties' dispute concerns Pla...

Excerpt: ...horses, other farm animals and farming operations on Petitioner's Property. On November 14, 2022, Petitioner filed an application with the Department of Fish Wildlife for an emergency permit allowing her to install a temporary, prefabricated bridge across the Creek in an area outside the Access Road. The Department of Fish Wildlife allows for work to be conducted on an emergency basis with the determination of whether an emergency exists being ma...

Excerpt: ...et (the "Lease") for space in the Brickyard property ("the Premises"). (Segal Decl. 5.) The Lease term is for two (2) years and five (5) months commencing on November 1, 2020, and expiring on March 31, 2023. (Segal Decl. Ex. A.) Defendant Alexander Nikolas Gierczyk ("Gierczyk") guaranteed Defendant Life-FX'S performance of the Lease, including its timely payment of all amounts owed under the Lease, pursuant to a Guaranty of Lease ("Guaranty"). (S...

Excerpt: ..., subdivision (b), setting aside this Court's August 25, 2022, order denying Plaintiff a protective order and awarding sanctions (the Order). Plaintiff further requests an order setting a hearing date regarding Plaintiff's motion for a protective order. The Guimaraes Defendants oppose the motion. Pursuant to Code of Civil Procedure section 473, subdivision (b): The court may, upon any terms as may be just, relieve a party or his or her legal repr...

Excerpt: ...pute concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) Palomar moves for summary judgment, or in the alternative summary adjudication on the ground Plaintiffs' claims are barred by the applicable statutes of repose. (Code Civ. Proc„ SS 337.1, 337.15.)1 For the reasons set forth below...

Excerpt: ...ground The lawsuit arises out of five loans made to Plaintiff, which is a developer of a residential housing project ("Project") in Lompoc, California. The loans were brokered by MCC. Crooks is the President of MCC. All loans were secured by deeds of trust on lots of land within the Project. Each loan had an interest rate of 11% which would increase to 15% in the event of default. At some point, Plaintiff decided to pursue a construction loan wit...

Excerpt: ...3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11-12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the property placed into escrow, but that Plaintiff first neede...

Excerpt: ... $80,000. (ld. p. 3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Martinez's lawfirm of Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11- 12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the Property placed in...

Excerpt: ...equitable easement, (5) quiet title to easement by necessity, (6) declaratory relief, and (7) preliminary and permanent injunction. The Verified Complaint Plaintiff's verified complaint sets forth the following facts. The Properties Plaintiff alleges she owns real property situated in an unincorporated area of San Luis Obispo County near Avila Beach, legally described as Parcel 2 of Parcel Map CO-99-037 in the County of San Luis Obispo. (Plaintif...

Excerpt: ...MW SLO, which BMW SLO accepted. On August 23, 2022, judgment was entered against Defendants pursuant to that offer. Pursuant to the accepted 998 Offer, the parties stipulated for purposes of the offer and acceptance that judgment would be entered against BMW SLO in the amount of $47,021.75, exclusive of costs; that Plaintiff is the "prevailing plaintiff as used and defined by Civil Code section 1794, subdivision (d); and that Plaintiff would surr...

Excerpt: ...ved with the summons and complaint on May 13, 2022. Hansen did not file a responsive pleading, and default was entered on August 11, 2022. Hansen now moves to set aside the default. The Court is not in receipt of an opposition; a proof of service is on file. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Cod...

Excerpt: ...C (Defendants). Plaintiffs also seek an order holding Belsher in contempt of court. Defendants oppose the motion. Relevant Factual Background This case has been heavily litigated. Of note are the following motions: On June 30, 2022, this Court denied Plaintiffs' motion to compel discovery as moot. The Court granted Plaintiffs' request for sanctions and ordered Belsher to pay Plaintiffs $2,695 in sanctions within 30 days. In the instant motion, Pl...